PEOPLE v. THOMPSON

2008-06621.

111 A.D.3d 56 (2013)

970 N.Y.S.2d 620

2013 NY Slip Op 5707

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE THOMPSON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 21, 2013.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , New York City ( Erin R. Collins and Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Seth M. Lieberman of counsel), for respondent.

ANGIOLILLO, J.P., AUSTIN and SGROI, JJ., concur.


OPINION OF THE COURT

MILLER, J.

Because we conclude that the defendant was deprived of his constitutional right to present a defense when the Supreme Court precluded him from offering evidence that the victim in this case, throughout the course of the one-year period following the crime, repeatedly and consistently identified another individual as the perpetrator, we reverse.

The victim in this case...

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